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(영문) 서울중앙지방법원 2018.08.22 2018고단3362
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a radar car.

1. On March 15, 2018, the Defendant driving the said vehicle under the influence of alcohol content of 0.193% in blood at around 00:15 on March 15, 2018, and driving the said vehicle at around 0.193%, and driving the front road of Seocho-gu Seoul Metropolitan Government on the road in front of the Seocho-gu Seoul Metropolitan Government at a speed of about 60km in the direction of the water mountain distance from the long distance of the telephone station.

In such cases, a driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to make a good report on the traffic situation and to accurately manipulate the steering gear, etc.

Nevertheless, the Defendant neglected this and stopped due to the negligence of the Defendant’s failure, and led the victim D(59) to drive the E-Wz car, which was driven by the Defendant, to the front part of the Defendant’s vehicle.

Accordingly, the Defendant suffered injury to the victim, such as crypum dump, which requires approximately three weeks of medical treatment due to the above occupational negligence.

2. Defendant 1, while under the influence of alcohol concentration of 0.193% during the influence of alcohol at the border of the above paragraph 1, driven a rash car from the roads near Gangnam-gu Seoul to the roads in front of Seocho-gu Seoul, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A written statement on the occurrence of each traffic accident;

1. Inquiries about the results of crackdown on the driving of alcohol, investigation reports (report on the situation of the driver in charge of alcohol), and statement of the circumstances of the driver in charge;

1. 2 Vehicle 2 Vehicle stuffs images, site photographs, etc., investigation reports (blucing videos);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 (Selection of Imprisonment with prison labor) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (Selection of imprisonment with prison labor);

1. Aggravation concurrent crimes;

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